Ezel / Agency Decisions / LAKE 86-45-D

Monterey Coal Company (ALJ decision, September 10, 1987)

Monterey Coal Company (FMSHRC LAKE 86-45-D): Clerical corrections issued to amended discrimination decision

Decision type
ALJ decision
Docket
LAKE 86-45-D
Decided
September 10, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Reviewed by the Commission
Checked against source
2026-08-20
Cited standards
29 C.F.R. § 2700.65(c) 30 U.S.C. § 815(c)(3) 30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1987
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Judge Gary Melick issued this order in Paula L. Price's discrimination proceeding against Monterey Coal Company. The order states that the attached amended decision was reissued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c), to correct clerical mistakes in the decision issued on September 3, 1987. The order did not change the case's underlying allegations or disposition, and the Commission later directed review of the proceeding.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.65(c)
  • Outcome: The amended decision was reissued to correct clerical mistakes.
  • Key point: Commission Rule 65(c) permits an ALJ to issue a corrected decision for clerical errors.
  • Subsequent review: The Commission later directed review of the proceeding in lake-86-45-d-commission-2.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

PAULA L. PRICE,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. LAKE 86-45-D
v. VINC CD 85-18

MONTEREY COAL COMPANY,
Monterey No. 2 Mine
RESPONDENT

ORDER

The attached Amended Decision is hereby issued pursuant to Commission Rule 65(c), 29 C.F.R. 2700.65(c) to correct clerical mistakes in the decision in this case issued on September 3, 1987.

Gary Melick
Administrative Law Judge
(703) 756Ä6261

What controls your case today?

The Commission reviewed this case, and its decision is the one that controls. Ezel starts there and answers your situation under current law, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace